Gauhati High Court
Dulu Rani Deka vs The State Of Assam And 13 Ors on 22 February, 2021
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/5
GAHC010027122021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1061/2021
DULU RANI DEKA
W/O SRI FALIK DEKA, VILL. BHAKAT PARA, P.O. LAKSHIMPUR, DIST.
DARRANG, ASSAM.
VERSUS
THE STATE OF ASSAM AND 13 ORS
REPRESENTED BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI 06
2:THE DEPUTY COMMISSIONER
DARRANG
P.O. AND DIST. DARRANG
MANGALDAI
ASSAM
PIN 784125
3:THE ADDITIONAL DEPUTY COMMISSIONER
OFFICE OF THE D.C. DARRANG
ASSAM
PIN 784125
4:THE BLOCK DEVELOPMENT OFFICER OF KALAIGAON DEVELOPMENT
BLOCK
P.O. KALAIGAON
DIST. DARRANG
ASSAM
PIN 784145
Page No.# 2/5
5:THE PRESIDENT OF KALAIGAON ANCHALIK PANCHAYAT
P.O. KALAIGAON
DIST. DARRANG
ASSAM
PIN 784145
6:THE SECY. OF LAKSHIMPUR G.P.
P.O. LAKSHIMPUR
DIST. DARRANG
ASSAM
PIN 784525
7:RUMI TAMULI
MEMBER
LAKSHIMPUR G.P.
C/O SECY. OF LAKSHIMPUR G.P.
P.O. LAKSHIMPUR
PIN 784525
DIST. DARRANG
ASSAM.
8:DAIBAKI DEKA
MEMBER
LAKSHIMPUR G.P.
C/O SECY. OF LAKSHIMPUR G.P.
P.O. LAKSHIMPUR
PIN 784525
DIST. DARRANG
ASSAM.
9:SANJAY DEKA
MEMBER
LAKSHIMPUR G.P.
C/O SECY. OF LAKSHIMPUR G.P.
P.O. LAKSHIMPUR
PIN 784525
DIST. DARRANG
ASSAM.
10:REBA NATH
MEMBER
LAKSHIMPUR G.P.
C/O SECY. OF LAKSHIMPUR G.P.
Page No.# 3/5
P.O. LAKSHIMPUR
PIN 784525
DIST. DARRANG
ASSAM.
11:SWAPNA DEKA
MEMBER
LAKSHIMPUR G.P.
C/O SECY. OF LAKSHIMPUR G.P.
P.O. LAKSHIMPUR
PIN 784525
DIST. DARRANG
ASSAM.
12:HEERAMONI DEKA
MEMBER
LAKSHIMPUR G.P.
C/O SECY. OF LAKSHIMPUR G.P.
P.O. LAKSHIMPUR
PIN 784525
DIST. DARRANG
ASSAM.
13:RAJIB DEKA
MEMBER
LAKSHIMPUR G.P.
C/O SECY. OF LAKSHIMPUR G.P.
P.O. LAKSHIMPUR
PIN 784525
DIST. DARRANG
ASSAM.
14:ARABINDA DEKA
MEMBER
LAKSHIMPUR G.P.
C/O SECY. OF LAKSHIMPUR G.P.
P.O. LAKSHIMPUR
PIN 784525
DIST. DARRANG
ASSAM
Advocate for the Petitioner : MR. D A KAIYUM
Advocate for the Respondent : GA, ASSAM
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BEFORE
HON'BLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
22.02.2021 Heard Mr. D. A. Kaiyum, the learned counsel for the petitioner. Also heard Mr. A. Roy, the learned Standing Counsel for the P&RD, Department, Assam representing the respondent Nos. 1, 4 and 6 and Ms. D. D. Barman, the learned Additional Senior Government Advocate, Assam representing the respondent Nos. 2 and 3.
The petitioner is the President of LaKshimpur Gaon Panchayat under Kalaigaon Anchalik Panchayat in the district of Darrang. A no confidence motion was initiated against the petitioner and due to failure of the prescribed time for holding the special meeting of no confidence motion specified herein the Deputy Commissioner, Darrang convened a special meeting on 07.12.2020. The said meeting again reconvened on 22.12.2020 wherein it was explained that the meeting dated 07.12.2020 was postponed due to irregular documents. It is the contention of Mr. Kaiyum, the learned counsel for the petitioner that the subsequent holding of the meeting on 22.12.2020 itself violated the provision under Section 15(1) of the Assam Panchayat Act, 1994 inasmuch as the Deputy Commissioner, Darrang is required to convene the meeting within seven days from the date of receipt of the information with intimation to the Zilla Parishad and the Anchalik Panchayat and preside over the meeting so convened.
Prima facie, the petitioner has been able to make out a case which requires hearing. Accordingly, let notice be issued. Mr. Roy accepts notice on behalf of the respondent Nos. 1, 4 and 6 and Ms. Barman accepts notice on behalf of the respondent Nos. 2 and 3. Necessary extra copies be served on the learned counsel for the respondents.
The petitioner shall take steps on the private respondent Nos. 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 within a period of three days from today by way of registered post with A/D. Notice is made returnable on 15.03.2021.
Page No.# 5/5 Till the next returnable date, the operation of the resolution dated 22.12.2020 under the seal and signature of the Deputy Commissioner, Darrang and the office order dated 28.12.2020 passed by the Deputy Commissioner, Darrang shall remain suspended.
Mr. Roy, the learned Standing Counsel for the P&RD, Department, Assam shall produce the records on the next date.
JUDGE Comparing Assistant